By: Robert J. Nahoum The notorious debt buyer Erin Capital Management and its lawyers Eltman, Eltman & Cooper has sued you for an old debt that they bought from an original creditor. You are considering whether to fight them or to reach a reasonable settlement and get on with your life. You now have to determine how much is a […]
What is a Good Settlement with Erin Capital Management?
What is a Good Settlement with Midland Funding?
By: Robert J. Nahoum The notorious debt buyer Midland Funding, LLC has sued you for an old debt that they bought from an original creditor. You are considering whether to fight them or to reach a reasonable settlement and get on with your life. You now have to determine how much is a good settlement with Midland Funding? Firstly, there […]
What Happens at a New York Debt Collection Court Appearance?
By: Robert J. Nahoum You’ve been served was a summons and complaint or discovered that you have a default judgment entered against you. It’s a debt collector suing you on an old credit card or medical debt.  You’ve done your homework on the internet and realized that you can’t simply ignore the case as that will only make things worse. […]
How to Answer an Information Subpoena
By: Robert J. Nahoum You come home to find a notice from the post office that you have certified mail waiting for you. You retrieve the certified mail, open the envelope and find a court document called an “Information Subpoenaâ€. As it turns out, you have a default judgment entered against you for an old debt. The law allows judgment […]
What is “Chain of Title” in a Debt Buyer Debt Collection Case?
By: Robert J. Nahoum Consumers sued in debt collection cases often find themselves up against companies they have never heard of. Names like Midland Funding, LVNV Funding, CACH LLC, New Century Financial Services, Portfolio Recovery Associates, Unifund and Calvary Portfolio Services. The reason you’ve never heard of these companies is because, while you’ve never done business with them, they’re doing […]
Why Original Creditors Won’t Talk to You About Your Debt?
By: Robert J. Nahoum Consumers sued in debt collection cases often find themselves up against companies they have never heard of. Names like Midland Funding, LVNV Funding, CACH LLC, New Century Financial Services, Portfolio Recovery Associates, Unifund and Calvary Portfolio Services. The reason you’ve never heard of these companies is because, while you’ve never done business with them, they’re doing […]
What is a Traverse Hearing in a Debt Collection Case?
By: Robert J. Nahoum THE PROBLEM: You were surprised to learn that your bank account had been frozen or your wages had been garnisheed due to a default judgment entered against so you quickly filed an order to show cause to vacate the default judgment arguing that you were never served with the papers. Â Now, the judge has ordered […]
What Does With and Without Prejudice Mean in a Debt Collection Lawsuit?
By: Robert J. Nahoum “Stipulations†are written agreements between parties to a lawsuit. You can stipulate to almost anything. The most common types of stipulations are stipulations of adjournment (postponing a court date or deadline), stipulations of settlement (a settlement agreement resolving the case) and stipulations of discontinuance. When the stipulation is being used to dismiss the case as with […]
Can a Debt Collector Freeze My Direct Deposit?
By: Robert J. Nahoum THE PROBLEM You just heard from your landlord and he tells you the rent check bounced; or maybe you swipe your debit card at the grocery store cash register and the cashier tells you your card has been rejected. Turns out, your bank account has been frozen due a debt collection judgment! In New York, the […]
What is a Credit Card Charge Off?
By: Robert J. Nahoum THE PROBLEM: You’ve come home to find legal papers taped to your door. A closer look reveals that the legal papers are a debt collection summons and complaint – you are being sued you for an old debt.  You are terribly confused because you know this debt has been charged off by the bank years before. […]